Guardianship is when someone is appointed to take care of another person. Typically, parents are the natural guardians of their biological children, while adoptive parents can take on that role. Foster parents are appointed guardians of children assigned to them, although there are instances where other individuals can become guardians as well.
The court can also appoint a guardian for special needs adults and adults who become incapacitated. However, you may want to avoid having a guardian appointed by the court for various reasons. You or your loved one may not like or get along with them. So, choosing someone you trust and know well is best. Here are a few things you can do to avoid it.
Set Up A Comprehensive Estate Plan
Having a solid estate plan in place can help you avoid court-appointed guardians. It means creating legal documents like a living will, durable power of attorney, and a healthcare proxy. You must have these documents in place now because you can’t have them drafted after being incapacitated or diagnosed with various conditions.
Make A Living Will
A living will, also known as an advance healthcare directive, allows people to express their healthcare preferences and decisions in advance. It helps prepare for situations like a terminal illness or incapacity where one cannot communicate their choices. A living will allows individuals to specify the type of care they desire, such as whether they want to receive life-sustaining treatments, resuscitation efforts, or palliative care.
Prepare Durable Power Of Attorney And Healthcare POA
A durable power of attorney (DPOA) gives someone you choose the authority to make financial choices for you. Now, imagine you become incapacitated due to an unexpected event. In this situation, the person you trust, known as your agent, can make financial decisions on your behalf. They can pay your bills, manage your investments, and handle other financial matters without court intervention.
A healthcare power of attorney (HCPA) appoints a trusted individual, a healthcare agent or proxy, to make healthcare choices on your behalf. They can work closely with healthcare professionals, ensuring that the treatment decisions align with your values and wishes.
Create A Revocable Living Trust
Another effective way is to establish a revocable living trust. It allows you to name a successor trustee instead of a court-appointed guardian to manage your affairs in the event of incapacity or death.
It gives you more control and flexibility over managing and allocating your assets. It can also help you avoid the possible expenses and delays connected with guardianship proceedings. Moreover, a revocable living trust can provide for the care of minor children and ensure that their inheritance is managed according to your wishes.
Name Co-Guardians
Do you have minor children or a special needs adult? Name a co-guardian. They will take over when you become unable to do so. They can also make decisions for your children when you’re on vacation or recovering from an illness. Guardians can take their children to the doctor or talk to the school counselor.
Typically, the process involves filing a request or petition with the court, expressing your desire to have a co-guardian appointed. The court will review the request and consider factors such as the best interests of the ward and the suitability of the proposed co-guardian.
Appoint Temporary Guardians
Parents can also appoint a guardian while they’re alive. It is advisable in many situations. For example, if both parents are being deployed overseas or a single parent is going to prison or rehab. You can protect your children and prepare them for the transition by appointing a temporary guardian.
Seek Legal Counsel From A Guardianship Attorney
The laws related to guardianship can be complex, and it’s essential to consult with an attorney in Arizona. They can help you understand the procedures and draft the required legal paperwork. A skilled lawyer can also answer your questions, handle your concerns, and guide you through the legal system. Keystone Law Firm, located in Chandler, Arizona, has a team of experienced estate planning attorneys who can help you. Consult them today and let them provide you with legal representation.
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